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Enforcement of Article 9 Security Interests: The Commercially Reasonable Sale
February 26, 2013
This is the third installment of a three-part article designed to provide secured parties with an overview of their enforcement rights and remedies as set forth in Article 9 of the UCC. This installment focuses on the details of a commercially reasonable sale under Article 9, including the terms of sale of collateral, debtor's redemption rights, deficiencies and surpluses, and foreclosures by a junior secured party.
What's New in the Law
February 26, 2013
Highlights of the latest equipment leasing cases from around the country.
Hav-A-Kar Leasing: Accelerated Payments in Canada ' Close But Not Quite Right
February 26, 2013
An Ontario Court of Appeal case, <i>Hav-A-Kar Leasing Ltd. v. Vekselshtein</i>, enforced an acceleration clause and did not discount payments for early receipt. The decision to enforce this type of clause is problematic, as it gives the lessor more funds than it would have received had the agreement been fulfilled.
February issue in PDF format
January 31, 2013
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In the Marketplace
January 31, 2013
Highlights of the latest equipment leasing news from around the country.
Enforcement of Article 9 Security Interests:Foreclosing an Article 9 Lien
January 31, 2013
This is the second part of a three-part article designed to provide secured parties an overview of their enforcement rights and remedies as set forth in Article 9 of the UCC. This installment addresses the acceptance of collateral in full or partial satisfaction of debt, and the notice components of a commercially reasonable sale.
What's New in the Law
January 31, 2013
Highlights of the latest equipment leasing cases from around the country.
The Rights and Treatment of Non-Debtor Contract Counterparties in Bankruptcy
January 30, 2013
This article discusses how counterparties, as well as courts, react to situations where a counterparty seeks protection from the risks inherent in continued performance under a Contract with a debtor in bankruptcy.
Real Estate Issues In the Cellular Industry
December 26, 2012
Wireless devices allow the user to remain connected to the world without being tied down to a particular place. However, this freedom to roam is wholly dependent on technology that, in order to function effectively, relies on numerous parcels of real property at locations around the world. This article describes the real estate interests that underlie the operation of the cellular communications industry.
The Landlord's Lien under the Uniform Commercial Code
December 26, 2012
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • China Finalizes New Regulations to Relax Personal Data Exports from China
    Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
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  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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